Assembly Bill A38A

2023-2024 Legislative Session

Relates to the preservation of hair during chemotherapy

download bill text pdf

Sponsored By

Current Bill Status Via S2063 - Passed Assembly

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2023-A38 - Details

See Senate Version of this Bill:
S2063
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10990
2019-2020: A302, S5728
2021-2022: A141, S4227

2023-A38 - Summary

Provides coverage for scalp cooling systems used to preserve hair during cancer chemotherapy treatment.

2023-A38 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    38
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, SEAWRIGHT -- read once and referred
   to the Committee on Insurance
 
 AN  ACT  to  amend  the  insurance  law, in relation to providing health
   insurance coverage for scalp cooling  for  the  preservation  of  hair
   during cancer chemotherapy treatment

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
 amended by adding a new paragraph 12-b to read as follows:
   (12-B) (A) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
 THAT  PROVIDES  MEDICAL,  MAJOR  MEDICAL,  OR SIMILAR COMPREHENSIVE-TYPE
 COVERAGE AND PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND ALSO  PROVIDES
 COVERAGE  FOR  CANCER  CHEMOTHERAPY TREATMENT SHALL PROVIDE COVERAGE FOR
 SCALP COOLING. SUCH COVERAGE MAY BE SUBJECT TO CO-PAYS,  COINSURANCE  OR
 DEDUCTIBLES,  PROVIDED  THAT THE CO-PAYS, COINSURANCE OR DEDUCTIBLES ARE
 AT LEAST AS FAVORABLE TO AN  INSURED  AS  THE  CO-PAYS,  COINSURANCE  OR
 DEDUCTIBLES  THAT APPLY TO COVERAGE FOR INTRAVENOUS OR INJECTED ANTICAN-
 CER MEDICATIONS.
   (B) FOR THE PURPOSES OF THIS  PARAGRAPH,  "SCALP  COOLING"  MEANS  ANY
 COOLING  CAP,  HYPOTHERMIA  CAP,  COLD CAP OR ANY OTHER DEVICE USED AS A
 THERAPEUTIC DEVICE TO COOL THE HUMAN SCALP TO  PREVENT  OR  REDUCE  HAIR
 LOSS DURING CHEMOTHERAPY.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 12-b to read as follows:
   (12-B) (A) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
 THAT  PROVIDES  MEDICAL,  MAJOR  MEDICAL,  OR SIMILAR COMPREHENSIVE-TYPE
 COVERAGE AND PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND ALSO  PROVIDES
 COVERAGE  FOR  CANCER  CHEMOTHERAPY TREATMENT SHALL PROVIDE COVERAGE FOR
 SCALP COOLING. SUCH COVERAGE MAY BE SUBJECT TO CO-PAYS,  COINSURANCE  OR
 DEDUCTIBLES,  PROVIDED  THAT THE CO-PAYS, COINSURANCE OR DEDUCTIBLES ARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-A38A (ACTIVE) - Details

See Senate Version of this Bill:
S2063
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10990
2019-2020: A302, S5728
2021-2022: A141, S4227

2023-A38A (ACTIVE) - Summary

Provides coverage for scalp cooling systems used to preserve hair during cancer chemotherapy treatment.

2023-A38A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   38--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, SEAWRIGHT, RAGA, BORES, WEPRIN --
   read once and referred to the Committee on Insurance -- recommitted to
   the Committee on Insurance in accordance with Assembly Rule 3, sec.  2
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the insurance  law,  in  relation  to  providing  health
   insurance  coverage  for scalp cooling systems for the preservation of
   hair during cancer chemotherapy treatment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
 amended by adding a new paragraph 12-b to read as follows:
   (12-B) (A) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
 THAT PROVIDES MEDICAL,  MAJOR  MEDICAL,  OR  SIMILAR  COMPREHENSIVE-TYPE
 COVERAGE  AND  PROVIDES  COVERAGE  CANCER  CHEMOTHERAPY  TREATMENT SHALL
 PROVIDE COVERAGE FOR SCALP  COOLING  SYSTEMS  USED  IN  CONNECTION  WITH
 CANCER  CHEMOTHERAPY  TREATMENT.  COVERAGE PROVIDED UNDER THIS PARAGRAPH
 MAY  BE SUBJECT  TO ANNUAL DEDUCTIBLES AND COINSURANCE, INCLUDING COPAY-
 MENTS, AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND   AS   ARE
 CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
 POLICY.
   (B) FOR THE PURPOSES OF THIS PARAGRAPH, "SCALP COOLING  SYSTEM"  MEANS
 ANY  DEVICE  USED TO COOL THE HUMAN SCALP TO PREVENT OR REDUCE HAIR LOSS
 DURING CANCER CHEMOTHERAPY  TREATMENT,  PROVIDED  THAT  SUCH  DEVICE  IS
 DESIGNED  AND INTENDED FOR REPEATED USE AND IS PRIMARILY AND CUSTOMARILY
 USED TO SERVE A MEDICAL PURPOSE.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 12-b to read as follows:
   (12-B) (A) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
 THAT PROVIDES MEDICAL,  MAJOR  MEDICAL,  OR  SIMILAR  COMPREHENSIVE-TYPE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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